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IEBC accused of overlooking misconduct – The Standard, January 27, 2013

KENYA: The Independent Electoral and Boundaries Commission (IEBC) has been advised to bar candidates with questionable integrity and character from contesting in the General Election.

A section of the civil society members under the banner of Kenya for Peace with Truth and Justice (KPTJ) said IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process.

Led by lawyer Harun Ndubi, the group accused the IEBC of condoning electoral malpractices, which they are supposed to enforce.

“The Elections and the Electoral Offences Act clearly states their mandate and how they are supposed to conduct the elections. Extending the deadline for submission of the party list is by itself rigging, which is an offence under the Act,” said Ndubi.

The group said IEBC has continued to disregard parametres and principles set out in the Constitution and other relevant legislation through practices such as party hopping and accused them of ignoring several reports, which had been presented to it for review concerning the conduct of some political aspirants.

Speaking during a Press briefing at a Nairobi hotel yesterday, the group lashed out at the electoral body and the Registrar of Political Parties for failing to rein in errant political parties. They took issue with the parties for conducting their nominations using the IEBC voter registrations book instead of the political party’s registrar, citing that the move was against the Political Parties Act.

Flawed nominations

Ndubi also said it is the IEBC that should stop candidates with leadership and integrity issues from contesting the various political seats.

He said the Commission of Administrative Justice had given a damning report of some 24 candidates including TNA’s Mike Mbuvi vying for senatorial position in Nairobi County and also former Embakasi MP Ferdinand Waititu who got the nod to contest the Nairobi gubernatorial seat, to be stopped from contesting.

The group also wants the parties that conducted flawed nominations to be punished for allowing their supporters to cause violence.

The Political Parties Act states: A political party shall not engage in or encourage violence by its members or supporters.

“The institution charged with the regulation of political affairs has displayed a disturbing reluctance to enforce their respective mandate. IEBC has repeatedly shifted timelines for the submission of nomination lists,” said Ndubi.

They threatened to use all the means including filing petitions at the High Court to stop such candidates from contesting.